Are americans willing to fight for Ukraine? The laws protecting prisoners of war, and their rights

Thursday, June 23, 2022
author picture Louis Robert
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Geneva Conventions and War in Ukraine

A recent study shows that the use of photographs of captured Ukrainian civilians during the ongoing conflict violates the Geneva Conventions. While there may be a degree of overblown sensitivity to such photos‚ it is not necessary to exploit them as propaganda tools or humiliate them. The photos were only meant to show that the Ukrainians were taking prisoners according to LOAC‚ and the captives were in good condition. Clearly‚ such photos were not intended to humilate the captives‚ or to make them a part of Ukrainian propaganda.

LONDON -- This week‚ the Kremlin declared that two captured American volunteers were not covered by the Geneva Conventions. These conventions are designed to provide protection for soldiers held during wartime. Spokesman Dmitry Peskov. Told journalists on monday they were implicated in illegal activities on Ukraine's territory. These people should be held accountable for the crimes they've committed. He said. These crimes must be investigated.... They have been convicted of crimes. They do not belong to the Ukrainian military. They do not fall under the Geneva Conventions. Yahoo News interviewed Matthew Schmidt‚ program coordinator for international relations and associate professor of national safety at University of New Haven‚ Connecticut. He explained how Russian detainees are treated and whether the United States can fight in Ukraine. Yahoo News: Can U.S. Citizens fight for Ukraine legally? Matthew Schmidt: Yes‚ that's the short answer. This is a question that laws dating back to the 19th century would not allow. Robert Kennedy was John F. Kennedy’s brother and attorney general. He declared that during the Cuban missile crisis‚ it was legal for American citizens to return to Cuba to fight. That's what we follow today. Alex Drueke and Andy Tai Ngoc Huynh are two Americans who served alongside Ukrainian soldiers before they were captured by Russian forces. (Lois Drueke/Handout via Reuters and Handout via WAAYTV How about European countries? Similar in the sense that many European countries still have colonial-era laws that are focused on preventing citizens from supporting‚ you know.‚ enemies in colonial conflict. It's now a matter of enforcement. All European nations have agreed that their citizens can participate in the conflict in Ukraine as volunteers and will not be prosecuted under the old laws. What is international law? The international human rights law pays attention to your human status‚ and then the status of combatants. There are standard of treatment regardless of whether you're considered to be a legal combatant or a combatant. It is illegal to torture‚ This was an issue that was raised in the U.S. war on terror. The United States didn't declare many of its captured combatants as military personnel‚ and they then used what they called "enhanced interrogation"‚ which later became known to be torture. These standards are still in force. The United States has a difficult position in trying to argue against it because of the actions taken by the U.S. during its global war against terror against non-official combatants. This is a dilemma that the U.S. faces in this instance. How does Russia treat prisoners of war or detainees? They do not adhere to international human rights standards. They treat prisoners in ways that are considered torture by international law -- such as sleep deprivation or other interrogation methods that would be illegal. It is difficult to prove whether the detainee was an operative or volunteer. Six standards are required by international law. This is a very strict standard to qualify as a mercenary. Second‚ you must have a primary motive for fighting for your own personal gain. This could be money or for pay. It would be difficult to claim that captured Americans were mercenaries under Western standards. Because it seems that their main motivation wasn't for money. Their standard of living is much lower in America than theirs. They are not making any material gains. On Thursday‚ Ukraine will begin its first prosecution against a Russian soldier for rape. Mikhail Romanov‚ who isn't in Ukrainian custody‚ will be tried absentia. Romanov was accused of killing a civilian in Kyiv‚ March 9‚ and then repeatedly violating his wife. Sgt. Vadim Shishimarin was the first Russian soldier facing a trial for war crimes in Ukraine at a Kyiv court hearing on May 13. (Efrem Lukatsky/AP) This follows the sentence of an 21-year-old russian soldier In Ukraine's first trial for war crimes. Sgt. After pleading guilty to the shooting of a civilian unarmed aged 62 days after the invasion‚ Vadim Shishimarin received a life sentence. Since the brutal Russian invasion of Ukraine on February 24‚ 2018‚ thousands of war crimes have been alleged by Ukrainian soldiers. Iryna Vediktova is Ukraine's general prosecutor. Many of the accused are located in Russia. Some of the accused have been made prisoner of war. Attorney General Merrick Garland According to a Justice Department official‚ Venediktova traveled to Ukraine Tuesday in order to meet with her.

ukraine geneva conventions war in russia matthew schmidt european countries cuban americans international law crimes american volunteers russian forces ukrainian army robert kennedy prisoners are americans willing to fight for <strong>Ukraine</strong> the laws protecting of and their rights

According to reports‚ the two discussed how Ukraine can help identify‚ arrest and prosecute individuals who are involved in atrocities and war crimes in Ukraine. Concerning the American detainees: Could the Kremlin be reacting to last month's sentence against the Russian 21-year old? It's very easy to believe that Russian actions here are retaliation. It's more beneficial to view it as an advantage strategic. This is why [Russian President Vladimir] Putin pushed this strategy to American prisoners and other Western fighters. It was to help his domestic propaganda. This reinforces the notion that Russia is being threatened or attacked by the West in the conflict. So‚ the idea that Western prisoners are being held‚ particularly American prisoner‚ is part of the story that Ukraine's real situation is one in which the United States and NATO use Ukraine to proxy their war on Russia. Two British nationals were executed in Russia by a proxy court on Wednesday for their support of Ukraine. Aiden Aslin and Shaun Pinner were both charged with terrorist acts in court in Donetsk People's Republic (a separatist region of the east). aslin’s family told the bbc His Russian captors had assured him of his execution. Is the U.N. able to step in and help death row prisoners? The International Red Cross may also petition to grant access. The American Embassy may also petition for access. They don't know where the American prisoner are located at the moment. Russia claims that American prisoners may have been guilty of war crimes and could be charged with them. They don't need to adhere to international law because they have their own standards. Two points are worth mentioning. The first is that they are held in DNR (Donetsk People's Republic)‚ which isn't Russia. The DNR‚ which is not officially a signatory to any applicable laws‚ would not be required to comply with them. It also has the death penalty. In this instance‚ as well as on Russian state media many times‚ prominent government figures have suggested the use of the death penalty against them. They even went so far to say that it was the only option‚ since they accuse the Americans of war crimes against Russian soldiers.


What is the secret to how Ukrainian forces are able to take out Russian tanks so easily? This embed will provide information about the U.S. weapons systems being sent to the Ukrainian Army.